1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Details of the disposition;

A. From November 1, 2011 to June 13, 2013, Plaintiff A, an oriental medical doctor, established a “D Hospital” in Gangdong-gu Seoul Metropolitan Government under his name (hereinafter “instant hospital”) and performed medical practice at the instant hospital. Plaintiff B, an oriental medical doctor, established the instant hospital in his/her name from June 14, 201 to June 13, 201, and performed medical practice at the instant hospital.

B. On December 2, 2014, the Defendant recovered the restitution disposition of KRW 238,254,820 (the portion paid from August 2, 2012 to June 13, 2013) of the medical care benefit cost to the Plaintiff and KRW 401,690,300 (the portion paid from July 25, 2013 to August 26, 2014) of the medical care benefit cost to Plaintiff B on the ground that “E violated Article 4(2) of the Medical Service Act by establishing and operating the instant hospital under the name of the Plaintiffs.”

(hereinafter referred to as “the disposition of recovery of medical care benefit costs against the plaintiffs,” in this case C.

On December 3, 2014, the Plaintiffs filed an objection against the instant disposition with the Defendant, but the Defendant dismissed the Plaintiffs’ objection on January 28, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion 1) The purpose of Article 4 (2) of the Medical Service Act is to prevent medical personnel from opening a medical institution at many places with a license of another medical personnel.

Even if the plaintiffs lent their names to E, they did not violate Article 4(2) of the Medical Service Act since they established and operated only the instant hospital.

3. The principle of clarity is to interpret Article 4 (2) of the Medical Service Act to prohibit the case where a medical person lends the name of another medical person to establish one medical institution.